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<br />86-- 103835
<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower.
<br />I f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice ;A wafled. Lender is authorized to collect and
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Ferbearaace by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 1-he procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Remedies Camuladvea All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Reed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to he used to interpret or define the provisions hereof.
<br />I4. Notice. Except for any notice required under applicable law to be gis en in another manner, ta) any notice to Borrower provided for in
<br />rNs Deed of Trust shall be given by mailing such notice by certified mail addressed it, Borrower at the Property Address or at such other address
<br />is Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />equrst t3, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
<br />nods a provided for in this feed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severabff!ty. This form of deed of trust combines uniform covenants for national use and
<br />acm- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />T,ust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />:'rust or the Note conflicts with applicable law. such conflict shall riot affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />lb. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or
<br />aifer recordation hereof.
<br />P. Transfer of the Property; Assumption. if all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />.ithour Lender's prior written consent: excluding la) the creation of a lien or encumbrance subordinate it) this Deed of Trust, (b) the creation of
<br />a put,-l:ase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may, at Lender's option,
<br />dt!.'M all the sums secured by this Deed of Trusi to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />nun the sale or transfer. Lender and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of
<br />such 1- <, son is satisfactory to Lender and that the Interest payable on the sums sm tired j„ this Deed of Trust shall he at such rate as Lender shalt
<br />tt,auest. If Lender has waived the option to acxcieratc p roszded in :his paragraph 1..,nd it' Borrower's successor in interest has executed a
<br />+ item assumption agreement accepted m writing hN I ender, I ender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />11 Lender exercises such option to accelerate, I cider shall mail Borrower aouce o1 acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of nor Iess than 10 days !tom the date the nom e r, marled within which Borrower may pay the sums declared
<br />uu., If Borrower farts to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />any rt•.medies permitted by paragraph 1r hct -Lot
<br />',I ri - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as toilows.
<br />18. Acceleration; Remedies. E.xcepl as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />85n- * ei in this Deed of Trust, lacludiag the covenants to pay when due any sums secured by this heed of Trust. Lender prior to acceleration
<br />-hkii nt" notice to Borrower as provided In paragraph 14 hereof specifying: t 1) the breach; (2) the action required to cure such breach; (3) a
<br />tart, not leas thaa 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach stn or before the date specified in the notice may result In acceleration of the sums secured by this teed of Trust and sale of The Property.
<br />t ibet notice shall further toforas Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the now
<br />evistentt of a defsait or any other defdtsne of Borrower to acceleration and sale. It the breach is not cured on or before the date specified in the
<br />aotiee, Leader at Leader's opdon may declare all of the sums secured by this Deed of Trust to he immediately due and payable without further
<br />, kmand and may invoice The power of sale and any other remedies permitted by applicable law, lender shad be entitled to collect ail reasonable
<br />-Kis and expenses Incurred in pursuing the remedies provided In this paragraph 19, including, but not limited to, reasonable attorney's fors.
<br />If the power of sale Is invoked, Trustee shall record a notice of default in each county In which the Property or some part thereof is located
<br />and shall mail copies of such notice In The manner prescribed by applicable taw to Borrower and to the other persons prescribed by appliwbie
<br />law, After the lapse of sock time as may be required by applicable taw, 'trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable lave. Trustee, without demand on Borrower, shall sell the Property at publk auction to the highest bidder at the time
<br />tend place and under the lenrns designated In list notice of sale in one or more parcels and In such order as Trustee may determine. 'Trustee may
<br />postpone see of all or any pared of The Property by public annoutacement at the time and place of any previously scheduled sale. lender or
<br />Lender's deatgars any parehue the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver so the purchaier Trustee's deed conveying the Property •old. The recitals in
<br />tke I rtuitet is deed M" be priers facie evidence of the truth of The statements made therein. Trustee shall apply the proceeds of the sale in the
<br />Itillowiall order: (a) to aN resso islNe costs and espenves of the vale, tarludina, but not limited to, t'rustee's lets of not more than
<br />s,f the ttnsss ask price, ressonable attorney's fees and Costs of title evidence; tbt to 1111 sums secured by this Iseed of ! rust; end lei the esce,,. it
<br />wop. :* the peon or perwss legally entitled ibertlo.
<br />ig. Borrower -s ,Right to Retwvlate.''+oewulaterdtng l cnoc;z gum. .c.vinf ",I .�I I I o.(. h" :,•ari .hall hu.
<br />have any plot :erdinr+ hcsun h� i ruder ru T tfm, t, rtm I kid .. , :11I .I'll anlr;+.uvi .11 •,n tin: rn Inc c+t -, ct
<br />..agv t�,fotr the tale , rise Proprrt, pit. n.4w to !lac iWwe` •ale "m I"I ,r •In. I Irmo , , _ - , .. �.•;tir,,r < ^i, I, ITIQ ,.
<br />r n., r, 14szw! •.t raj B..^:,.wrer t'^:+rc ! _nJa+ u!! .u311r ..fits r, x, :t!d �. ..r. , ,< ,� :,!�, 'kce.' ., e .,Jul 111;9 r
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